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Terms of Service

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DIN A 4

TERMS OF SERVICE

February, 21th, 2017

 

 

  1. Scope

  2. Terms and Definitions

  3. Third party offers and information

  4. World Trade Center Club

  5. Closure of contract

  6. Withdrawal

  7. Prices and payment

  8. Rights of usage

  9. Warranty

10. Liability / Limitation of Liability / Reimbursement

11. Obligations with commissioning of services for the publication and editing by the PROVIDER

12. Exemption for infringement of third party rights

13. Privacy Policy

14. Miscellaneous

15. Jurisdiction

 

 

 

1. Scope

 

(a) These Terms of Service (hereinafter „TOS“) of „Krautwedel Group GmbH“ (hereinafter „PROVIDER“) apply to all contracts, of PROVIDER in the context of a consumer or entrepreneur (hereinafter „Customer“) with PROVIDER in terms and information shown on the websites of World Trade Center Hamburg and World Trade Center Kiel and in its Online - booking and ordering system (hereinafter („Portal“) and its culminating performances.

 

Herewith the inclusion of the customer‘s own terms is contradicted, unless it is agreed otherwise.

 

(b) PROVIDER offers services according to the current contract specifications and price lists.

 

(c) The place of supply depends on the service. Usually the place of services is place of the main seat of PROVIDER.

 

(d) These TOS apply to the use of the information offered, by PROVIDER on the websites of World Trade Center Hamburg and World Trade Center Kiel.

 

(e) For contracts for membership in the World Trade Center Hamburg Club and World Trade Center Kiel Club these TOS shall apply similar.

 

(f) These TOS shall apply to contracts on participation in events organized or performed by PROVIDER.

 

(g) The TOS apply to contracts for the placement of announcements, advertisements or publications of third party content.

 

(h) For contracts for the provision of complementary, additional services and special services these TOS shall apply if not specifically regulated otherwise.

 

(i) Customer can only be who has completed 18 years of age as a natural person.

 

(j) Services of third parties as other World Trade Centers are excluded from these TOS.

 

2. Terms and Definitions

 

a) „Consumer“ in terms of these TOS shall mean any natural person who enters into a legal transaction for purposes that can be attributed mostly neither commercial nor their independent vocational activity.

 

(b) „Entrepreneur“ in terms of of these TOS is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.

 

(c) „Recipient“ in terms of of these TOS is a natural person or system or application created by natural persons that perceive provided information and / or generates a technical read out.

 

(d) „Member“ in terms of these TOS of the World Trade Center Hamburg Club or of the World Trade Center Kiel Club can be individuals (individual membership), enterprises, organizations, institutions, foundations, associations and other entities.

 

(e) „Membership“ in terms of these TOS is not a legal entity membership or membership of a corporation within the meaning of the Civil Code. Membership is the legally binding status of an applicant at the date of acceptance of the application for membership by WTC.

 

The members, partners, shareholders or associate members of members of the named clubs are in terms of these TOS not themselves members.

 

(f) A „representative“ of the member in terms of these TOS is at least one natural person who carries out the membership.

 

(g) „Corporate Member“ in terms of these TOS is a member that generates benefits to other members and affiliates.

 

(h) „Association Member““ under these Conditions are other World Trade Center, represented by their employees and other authorized representatives.

 

(i) „Ad/s or „Advertisement/s“ or „Anzeige/n“ in terms of of these TOS are contents from customers for advertising purposes published by the PROVIDER.

 

(j) „Notice/s“ or „announcement/s“ or „Veroeffentlichung/en“ in terms of these TOS, are commissioned free publications from PROVIDER in 3rd party interest, requested or ordered.

 

 

3. Third party offers and information

 

(a) In the publications by the PROVIDER advertisements and publications of customers are included. The provision of information is subject to the provisions of these TOS.

 

The content, such as information and advertising message, as well as the possibility to conclude a contract, or of relying on veracity and availability are not part of these TOS but subject to the provisions of the relevant offering party of information and / or the invitation to submit an offer.

 

(b) In areas of the information offered by PROVIDER are offers by third-parties even if World Trade Center Hamburg or World Trade Center Kiel, is named for contact purposes. These contents are not checked for their veracity or the availability of the goods or services described.

 

(c) These TOS do not apply for the implementation and conclusion of legal transactions of recipients and members with customers.

 

(d) PROVIDER expressly dissociates itself from these contents and does not perform the verification of the truth of these contents or timeliness.

 

 

4. World Trade Center Club

 

4.1 Closure of contract and additional legal basics

(a) The membership agreement is based on a membership contract. Contractors to the PROVIDER is the member.

 

(b) The use of the services of the PROVIDER by the member is on the basis of these TOS and according to the valid price list at the time of application for membership.

 

4.2 Purpose of use

(a) Valid are the services described in the price list, which are provided by PROVIDER in the described kind and amount.

 

4.3 Rights and obligations of membership

(a) At least one representative must be appointed by the member. In accordance with the valid price list, the member can arbitrarily designate many representatives. For single / persons memberships member is sole representative.

 

(b) Membership is not transferable.

 

(c) The duration (validity) of the representative is tied to the term of the membership contract.

 

 

4.4 Duration / extension / termination of membership

(a) The duration of membership corresponds to the applied duration, according to the price list of the PROVIDER.

 

(b) An application of extension of the existing membership

conditions may be submitted by the member until 1 calendar week before termination of the membership. The date of receipt at WTC is decisive.

 

(c) Unless at least negligent performance violation by the PROVIDER is detected, a dismissal is excluded.

 

A notice of termination shall be given in writing. This can be done by Mail, by Fax or by E-mail.

 

(d) PROVIDER can terminate membership only for good cause. Good cause is also when PROVIDER gets notice of criminal or immoral behavior of the member or its representatives.

 

(e) The membership expires by expiry of the agreed term, if the extension is not completed, dismissal or by dismissal with notice or in case of death (only in persons memberships).

 

4.5. Prices and Payment: Club

(a) The membership fees are to be paid in advance, in accordance with legal regulations, according to the manner and deadlines set by PROVIDER.

 

Subsequently appointed representatives will be billed pro rata to the remaining term of the membership contract, also in advance.

 

(b) The prices are valid at the time at which the membership is requested according to the chosen contract terms according to price list.

 

(c) PROVIDER reserves the right to make special offers and implement campaigns. Existing contracts remain unaffected. PROVIDER reserves the right to offer coupons and discounts. Coupons and discounts are not appliable or negotiable and can be ordered directly legally binding only on the Portal. Existing contracts will remain unaffected.

 

 

 

5. Conclusion of contract

 

(a) The content presented by PROVIDER on the portal or in the operated websites of PROVIDER do not constitute binding offers, but serves to submit a binding offer by the customer or is/ are used as free information for the recipient.

 

(b) The customer can offer on to the sites of PROVIDER by the portal integrated Online order or integrated Online forms or by telephone, by fax, by email or by regular mail.

 

c) It is the responsibility of WTC to ensure that the order has been made clearly, directly and personally by the customer. This applies in particular in the case of ordering processes, which could also be carried out Online by third parties in customer names. The legal statutory regulations apply.

 

(d) PROVIDER can accept the offer by customer within five days, by forwarding to the customer a written confirmation of order or an order confirmation in writing (fax or email), wherein the extent of the receipt of the order confirmation by the customer is required. An input confirmation, which is automated by the portal, is not an order confirmation in the sense of these TOS.

 

If PROVIDER does not accept the offer of the customer within the aforementioned period, it shall be deemed rejection of the tender, with the result that the customer is no longer bound by his declaration of intention.

 

(e) In the case of an offer made by the customer the text is stored by the PROVIDER. PROVIDER will submit the order, together with these TOS in writing (e.g. e-mail, fax or letter) to the customer. The text of contract will be archived in accordance with the statutory regulations.

 

6. Withdrawal

 

(a) Consumers are generally entitled to a right of withdrawal, as long as they are not the legally binding booking of the participation in an event.

 

(b) All information about the right of withdrawal arising from the cancellation of the service which at any causal acceptance of the contract offer the customer will be informed intime, when contract closure is communicated.

 

(c) Entrepreneurs are entitled to a right of withdrawal, insofar as no clarity about the allocation of the offer exists or already

an advantage of membership is taken or any other casual  confirmation is given.

 

 

 

7. Prices and payment

 

(a) The product / service description by the PROVIDER for entrepreneurs are net prices if is not shown and described otherwise. The VAT must be shown separately also in the ordering process.

 

(b) For services which are offered exclusively for consumers prices given as overall prices, in which the VAT is included, unless it is clear from the product / service description otherwise.

 

(c) The terms of payment are clearly stated and marked in the respective product / service descriptions.

 

(d) Is prepayment agreed, payment is due immediately after conclusion of contract.

 

 

8. Rights of usage

 

(a) The customer authorizes PROVIDER the assignment and transmission of data for publication by PROVIDER and handled by PROVIDER until it is revoked in the mandated procedure. The data commissioned and amount of information and the restrictions authorized are to be used, organized, published to third parties and accessible for recipients.

 

(b) Following withdrawal, the removal of the publish information in Online content within 3 days occurs. Excluded are already approved contents for publication in Online- newsletters and print media.

 

c) Customers information is used carefully by PROVIDER, passed for the purpose of provision of the service to a third party commissioned by the customer in the authorized scope. These data entrusted to disclosure and publication are also used outside the European Union. A wrongful, not corresponding to the intended use by third parties can not be excluded by PROVIDER.

 

d) Recipients may use the published content of PROVIDER only to inform themselves and to respond with interest to the published content. A commercial distribution to third parties is prohibited. It is also prohibited to create collections of data from the electronic or printed content.

 

9. Warranty

 

(a) PROVIDER does not guarantee the accuracy, legal correspondence and goods, or services availability of information provided by members, customers and third sources.

 

(b) PROVIDER assumes no guarantee for the constant and uninterrupted availability of the Online - offer of information and error-free operation.

 

 

10. Liability / Limitation of Liability /

     Reimbursement

 

(a) PROVIDER shall be liable in accordance with the legal provisions for the violation of essential contract obligations.

 

(b) Events. In case of failure of events that are not caused due to illness or accident or death, or force majeure, PROVIDER tries to perform to the same event timing an equivalent replacement event to a customer reasonable place in case that a cancellation of the event for the client is no longer reasonable. The cancellation of an event for non-existence of a fact of at least negligence immediate refund will be made only in the amount of the single payment to PROVIDER.

 

(c) Use of all facilities and facilities provided by PROVIDER is at own risk. Claims for compensation by the member, a representative or a guest against PROVIDER - for whatever reason - are excluded, provided that they are not a negligent breach of contract or act by PROVIDER or the absence of an assured property.

 

11. Obligations of the Customer at

      order of services for

      publication and editing

      by the PROVIDER.

 

(a) The customer inserts only goods, electronic goods or services on which the customer has himself or instructed or authorized by a third party for publication and / or processing by the PROVIDER.

 

(b) The customer agrees to inform the PROVIDER immediately in case of wrong content or non-availability of its offered products, goods, services or events and instructs the PROVIDER for the free modification of the published content or for deletion of content.

 

(c) The customer will not use any direct or indirect links, hyperlinks towards PROVIDER or WTC that refer to criminal, xenophobic, violent, pornographic and other harmful content.

 

12. Exemption for breach of

      third party rights

 

Owes the PROVIDER after the contents of the contract for the service to be provided and the processing and / or publication of submitted by the customer information, according to certain specifications of the customer, the customer must ensure that the PROVIDER by him for the purpose of processing and / or not violate publication of the licensed contents of third party rights (e.g. as a copyright or trademark).

 

The customer indemnifies the PROVIDER against third party claims which may make this in connection with a violation of their rights by the contractual use of the contents of the customer by the PROVIDER against the same. The Customer shall assume the reasonable costs of legal defense, including all court and lawyer fees at the statutory rate. This does not apply if the infringement by the customer is not at fault.

13. Privacy Policy

 

It shall be binding the privacy statement, as amended (http://www.wtchh.com/en/privacy-policy.html, (http://www.wtckiel.com/en/privacy-policy.html and at other points of the respective sites). A ​​printable version can be downloaded there.

14. Miscellaneous

 

(a) PROVIDER will explain all issues concerning the contents of these TOS on demand.

 

(b) Telecommunication costs of any kind will not be reimbursed by the service provider.

 

(c) Deviating provisions shall be in writing and, where they replace existing rules in an equivalent manner, take into account amended case-law or supplement the existing rules on a parity basis, this shall not give rise to an extraordinary termination.

 

15. Jurisdiction

 

Jurisdiction shall be Munich, Germany

 

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© Krautwedel Group 2017